EPA v. SHAPPELL, CHARLES AND MARY DBA HILLTOP

Case summary

NATURE OF CASE THIS IS A CIVIL ACTION AGAINST CHARLES AND MARY SHAPPELL DBA HILLTOP TRAILER PARK (HEREINAFTER, THE HILLTOP WATER SYSTEM ) PURSUANT TO SECTION 1414(B) OF THE SAFE DRINKING WATER ACT (SDWA), AS AMENDED, 42 U.S.C. SECTION 300G-3(B), ET SEQ., AND IMPLEMENTING REGULATIONS, 40 C.F.R. PART 141, SEEKING DEFENDANTS' COMPLIANCE WITH THE MONITORING, REPORT- ING, PUBLIC NOTICE AND RECORD KEEPING REQUIREMENTS OF THE ACT, AND IMPLEMENTING REGULATIONS. IN ADDITION, THE DEF- ENDANTS ARE ALSO VIOLATING THE MAXIMUM CONTAMINANT LEVELS (MCL) FOR NITRATES AND COLIFORM BACTERIA. CHARLES AND MARY SHAPPELL ARE THE OWNERS AND OPERATORS OF THE HILLTOP TRAILER PARK. THE TRAILER PARK IS A COMMUNITY PUBLIC WATER SYSTEM LOCATED IN LARAMIE COUNTY, WYOMING. IT PROVIDES WATER FROM TWO WELLS TO SERVE 29 INDIVIDUALS YEAR- ROUND THROUGH APPROXIMATELY 11 SERVICE CONNECTIONS. THE WATER IS NOT TREATED. CAUSE OF ACTION FOR MORE THAN A SIX YEAR PERIOD, MAY 1978 THROUGH SEPTEMBER 1984, IN WILLFUL DISREGARD OF NUMEROUS REQUESTS AND NOTIFICATIONS, THE DEFENDANTS HAVE CONSISTENTLY FAILED TO: (1) MONITOR THE DRINKING WATER IN THEIR SYSTEM FOR MICRO BIOLOGICAL CONTAMINANTS, 40 CFR 141.21, INORGANIC CHEMICALS 40 CFR 141.23 AND RADIOACTIVITY, 40 CFR 141.26; (2) SUBMIT REPORTS TO EPA IN A TIMELY MANNER 40 CFR 141.31; (3) NOTIFY ITS USERS OF FAILURE TO COMPLY WITH THE SDWA, 40 CFR 141.32; AND (4) KEEP APPROPRIATE RECORDS,, 40 CFR 141.33. IN ADDITION, THIS PUBLIC WATER SYSTEM HAS EXPERIENCED VIOLATION S OF THE MCL FOR NITRATES AND COLIFORM BACTERIA AS SET FORTH RESPECTIVELY IN 40 CFR 141.11 AND 141.14. THE DEFENDANTS ARE REQUIRED TO MONITOR THEIR WATER SYSTEM ONCE A MONTH FOR BACTERIA, 40 CFR 141.21(B). FROM MAY 1978 TO DATE, THE DEFENDANTS HAVE FAILED TO PERFORM THESE TESTS. IN JULY 1984, TWO SAMPLES FROM THE DEFENDANTS' WATER SUPPLY EXCEEDED THE MCL FOR COLIFORM BACTERIA. SECOND, THE DEFENDANTS WERE REQUIRED TO MONITOR THEIR WATER SUPPLY FOR INORGANIC CHEMICALS BY JUNE 1979, AND ONCE EVERY THREE YEARS THEREAFTER, 40 CFR 141.23. THE SYSTEM INITIALLY ANALYZED ITS WATER SUPPLY FOR INORGANIC CHEMICALS IN MARCH 1980. THAT WATER SAMPLE EXCEEDED THE MCL FOR NITRATES. A REPEAT ANALYSIS WAS DUE IN MARCH 1983. DESPITE NUMEROUS NOTICES AND REQUESTS BY EPA, THE SYSTEM HAS FAILED TO PERFORM THIS TEST. THIRD, THE DEFENDANTS WERE REQUIRED TO TEST THEIR WATER SUPPLY FOR RADIOACTIVITY BY JUNE 28, 1980, 40 CFR 141.26. TO THE BEST OF OUR KNOWLEDGE THE DEFENDANTS HAVE NEVER PERFORMED THIS TEST. LASTLY, THE DEFENDANTS HAVE NOT COMPLIED WITH THE REPORT- ING, NOTIFICATION AND RECORDKEEPING REQUIREMENTS SET FORTH RESPECTIVELY IN 40 CFR 141.31, 141.32 AND 141.33. PROPOSED REMEDY THIS IS SIMPLY A CASE INVOLVING A PUBLIC WATER SYSTEM'S WILLFUL REFUSAL TO COMPLY WITH THE REQUIREMENTS OF THE SDWA AND IT'S IMPLEMENTING REGULATIONS. THEREFORE, WE ARE REQUESTING INJUNCTIVE RELIEF REQUIRING COMPLIANCE, AND CIVIL PENALTIES FOR PAST NON-COMPLIANCE. NOTWITHSTANDING THE COURT'S REFUSAL TO GRANT MORE THAN A NOMINAL PENALTY IN PAST SDWA CASES BROUGHT BEFORE IT, IT HAS ORDERED THESE SYSTEMS TO COMPLY WITH THE ACT. FOR THIS REASON WE FEEL THAT IT IS EXTREMELY IMPORTANT TO CONTINUE TO FILE THESE CASES, WITHOUT WHICH WE WOULD BE UNABLE TO MAINTAIN AN ENFORCEMENT PRESENCE IN WYOMING. ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE NONE.

Defendants (2)

• SHAPPELL, CHARLESNamed in complaintNamed in settlement
• SHAPPELL, MARYNamed in complaintNamed in settlement

Facilities (1)

• HILLTOP TRAILER COURT

  3712 DEL RANGE, CHEYENNE, WY, 82001

  Registry ID: 110010668624

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (1)

• MARY SHAPPELLentered 1985-06-10

  Primary law: SDWA

Timeline (8 milestones)

• 1984-09-28Enforcement Action Data Entered
• 1984-09-28Referred To Dept Of Justice
• 1984-12-03Referred TO U.S. Attorney
• 1984-12-04Complaint Filed With Court
• 1985-06-10Final Order Lodged
• 1985-06-10Final Order Entered
• 1985-06-10Concluded
• 1985-07-10Enforcement Action Closed